Transsexuals Case I

49 BVerfGE 286 (1978)

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Transsexuals Case I

Germany Federal Constitutional Court
49 BVerfGE 286 (1978)

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  • Written by Kelly Simon, JD

Facts

An individual (the applicant) (plaintiff) underwent surgery to change sex from male to female. Subsequently, the applicant applied for a change to her birth certificate. The German government (defendant) denied the application, and the applicant brought a suit to require the issuance of the updated birth certificate. The litigation proceeded through the German courts. Eventually, the applicant argued before the Germany Federal Constitutional Court that the failure of Germany to change the gender listed on a birth certificate was a breach of the German constitution. During the proceedings, evidence was presented that included a medical opinion that the applicant was psychologically a woman and that the sex-change operation was medically necessary.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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Casebooks

Comparative Constitutional Law

Key Terms

  • Gender IdentityThe gender with which a person deeply and consistently identifies, which may or may not match that person’s biological sex.

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